Terms and Conditions
1. ACCEPTANCE OF TERMS
1.2 The website and the Services must not be used or procured by you or the Applicant for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website and our Services, you and the Applicant are fully accepting these terms, conditions and disclaimers. If you and the Applicant do not accept these Terms and Conditions, please stop using this website and do not engage our Services.
1.3 The Company is entitled, at its sole discretion, to amend, add or remove any part of these Terms and Conditions at any time without notice. You should periodically read these Terms and Conditions. If you continue to use this website and our Services after any such change to these Terms and Conditions, you will be deemed to agree to the amended Terms and Conditions.
1.4 Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm and corporation where appropriate.
2. USE OF WEBSITE
2.1 Except as provided by law, the Visalink website (Website) is provided 'as is' and without any guarantee, warranty or condition, express or implied.
2.2 The Company does not represent, warrant or guarantee that:
2.2.1 your access to or use of the Website will be secure, continuous, uninterrupted, error-free or timely;
2.2.2 errors or defects in the operation of the Website will be able to be corrected; or
2.2.3 the Website will be free from computer errors or viruses, trojan horses, worms, time bombs, cancelbots or other malicious programs or code.
2.3 You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of the Company's control.
2.4 The Company does not warrant or guarantee anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of the Website.
2.5 The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that the Company is not responsible for the content or availability of any such websites.
3.1 Subject to and in accordance with these Terms and Conditions and instructions contained in this contract, the Company agrees and the Applicant hereby employs and authorises the Company, as agent for the Applicant, to contract either in its own name as principal or as agent of the Applicant with any Subcontractors for the performance of any Service to be performed or arranged by the Company pursuant to or ancillary to, this contract. Any such contract may be made on any terms of contract whatsoever used by the Subcontractor with whom the Company may contract for such Service and may be upon any terms and subject to any conditions of any special contract which the Subcontractor may in any particular case require including in every case terms which may limit or exclude liability in respect of the Service and any term that the Subcontractor may employ any person, firm or company for performance of the Service.
3.2 “Subcontractor” shall mean and include:
(a) Any other person, firm or company with whom the Company may arrange to effect any Service in respect of the Documents which are the subject of this contract.
(b) Any person, firm or company which is now or hereafter a servant, agent, officer, employee or subcontractor of any of the persons or entities referred to in (a) above.
4. WARRANTIES AND ACKNOWLEDGEMENTS BY THE APPLICANT
The Applicant agrees, warrants and acknowledges that:
4.1 The person delivering the passport, application and supporting documentation provided by the Applicant to the Company (Documents) and/or requesting the Services is authorised to sign the Applicant's letter of instruction.
4.2 The request of the Applicant for the performance of any Service shall not be in breach of any law in any jurisdiction.
4.3 The decision to grant or deny the application for a visa is a decision of the embassy or consulate to which the application is made, and as such is outside the control of the Company. The Applicant request(s)/ authorise(s) the Company to act and perform as the agent in the procurement of the visa(s) without liability. As the granting, or the denial of visa(s) is entirely up to the discretion of the issuing embassy or consulate the Company does not guarantee approval.
4.4 The responsibility for the accuracy of the information contained in the visa applications is solely that of the Applicant.
4.5 Service and shipping fees will be charged once processing is started, even if the visa request is denied by the embassy or its official representative or cancelled by the Applicant. Embassy consular fees may be refunded in whole or in part depending on the policy of the applicable embassy or consulate.
4.6 Visa information and requirements, visa fees and visa issuing times are subject to change by foreign governments without notice so the Company does not assume responsibility for the accuracy of the information provided. Fees and services may differ between the time the order is placed and when the ordered is completed. The Company will endeavour to communicate said changes to the Applicant where possible. The Company reserves the right to select the most appropriate service available given the time constraints as indicated by the Applicant.
4.7 Where a US ESTA has been requested, the fee paid to the Company includes processing of the ESTA only and does not include any appeals or additional services. The cost of the ESTA application is non-refundable and should your application be refused, or an existing ESTA (duplicate record) is found for the traveller(s), you will not be issued a refund. In such circumstances, we will issue you with confirmation of your current ESTA status; the charge is applied to recover the use of our system resources. If an error has been made by the Applicant on ESTA application, the Company will offer a correction for an additional fee of $52.00.
4.8 Charges, including any additional charges, are the responsibility of the Applicant or their representative, are due and payable immediately, may be collected without notice, and may not be refunded. In the case of a cancellation, a fee of $33 per Applicant will be charged unless the visa was already submitted to the consulate / embassy, in which case the fees are non-refundable. In the case of an amendment to a Company lodgement, a fee of $17.50 will be charged per Applicant. We the Company do not assume liability for delayed, lost or stolen visas and or passports.
4.9 The embassies/consulates change rules and regulations for visa processing at short or no notice and although the Company will make the necessary changes to its website the Company cannot guarantee that this will be effective immediately upon notification from the embassy/consulate of changes required.
5. LIMITATION AND EXCLUSION OF LIABILITY
5.1 The Company and its employees, officers, servants, affiliates and related entities (Representatives) shall not be responsible for any loss or damage howsoever arising to any Documents nor for delays in issuance of replacement visas due to circumstances or causes beyond the Company's control.
5.2 The Company does not assume any responsibility whatsoever for injury, damage, loss, accident or delay to any person or property which may arise due to causes beyond its control and not occasioned by its fault nor due to any act of negligence of any other party, war, strike, civil turmoil, riots, fire, acts of any government agency thereof, failure of transportation communication, or acts of God.
5.3 The Company has used its best efforts in collecting and preparing the data included within the Company's website but cannot warrant that the information contained within this website is complete or accurate and, to the maximum extent permitted by law, does not assume and hereby disclaims liability to any person for any loss or damage caused by errors or omissions in the Company's website whether such errors or omissions result from negligence accident or any other cause.
5.4 The Company and its Representatives will not be liable for problems resulting from a lack of diligence on the part of the user of the service which include, but are not limited to:
- Failure to comply with notice periods in respect of travel indicated in the specific conditions for the commencement of formalities. If these notice periods are not met, the Company shall do everything it can to obtain the visa on time, but does not guarantee the absence of internal or external incidents that make it difficult to obtain or additional costs incurred to expedite the process. In this sense, if there is an unforeseen increase in costs applied by third parties for obtaining the visa, you authorise the Company to continue processing the visa and assume any additional costs.
- The late submission of documentation or the submission of incorrect documentation (forms not signed, documents that have expired or are in poor condition, etc.), incomplete forms or forms other than those stipulated by the Company, resulting in refusal or late delivery of the visa.
- Errors or falsehoods in information provided by the client that are not borne out in official documents submitted to the Company.
- The failure on the part of the Applicant to detect errors in the visa upon receipt, when the visa has been delivered with sufficient notice to resolve incidents that may arise or in order not to exacerbate losses and damages incurred thereto.
- Amendments made to travel dates after the request to start formalities is made.
- Amendments to stops or the route of travel.
- Failure to heed any of the warnings or to adopt any of the recommendations stipulated in the general conditions for the provision of the Services.
- Failure to meet health conditions stipulated in transit or destination countries.
5.5 Save as otherwise provided herein and to the maximum extent permitted by law, the Company and its Representatives shall in no circumstances whatsoever or howsoever arising be liable for direct or indirect or consequential loss or damage of any type. The defences and limits provided for in this contract shall apply in any action against the Company for loss or damage or delay whether the action is founded in contract, tort, or otherwise.
5.6 To the maximum extent permitted by law, the Company and its Representatives disclaim any liability for losses, damages, forfeitures of deposit or expenses, damages of any kind whatsoever incurred by the Applicant in the event the visa applied for is denied or not obtained within a stated time period.
5.7 It is hereby agreed between the Applicant and the Company that the Applicant's rights to compensation (if any) for any claim for loss or damage will only be maintained provided the following is strictly adhered to:
- Any claim for damage to Documents must be lodged in writing to the Company within seven days of the date of change;
- Any right to damages against the Company shall be extinguished unless action is brought within six months from the date of this contract or the date the Services were completed or Documents delivered, or the date the Services should have been completed or the Documents should have been delivered, whichever date occurs first.
- In all cases where liability has not been excluded or limited by this contract or by mandatorily applicable statute, convention or law, the liability of the Company is limited to the lesser of AUD$110.00 or the value of the Documents the subject of the contract at the time the Documents were received by the Company.
5.8 In all cases, where liability cannot be excluded or limited by this contract, the liability of the Company and its Representatives for breach for any condition or warranty in relation to the Documents or the Services is limited to any one or more of the following as determined by the Company at its absolute discretion:
In the cases of Services:
- the supply of Services again, or
- the payment of the reasonable costs of having the Services supplied again
In the case of Documents:
- the replacement of the Documents;
- the payment of the reasonable costs of having the Documents replaced
- the replacement of the Documents or supply of equivalent Documents;
- the payment of the reasonable costs of replacing the Documents or acquiring equivalent Documents.
5.9 It is specifically agreed that all rights, immunities and limitations of liability granted to the Company by the provisions set forth in this contract shall continue to have full force and effect in all circumstances and notwithstanding any breach of the contract or any condition hereof by the Company.
5.10 Any relief from liability contained in this contract is to be read subject to any restriction on contracting out of liability provided in any legislation binding the Company so that the provisions for relief contained in this contract are limited or rendered ineffective only to the extent required to give effect to that legislation but are otherwise fully effected and all the provisions hereof are severable and effective independently of any provisions which are null and void or ineffective by reason of any legislation.
The liability of the Company is defined and limited to any amount stated for specified loss and damage. The Applicant is therefore advised to seek its own insurance cover generally. No insurance will be effected by the Company.
7.1 The Company is authorised to deliver the Documents to the consignee or his agent at the address nominated to the Company by either the Applicant, the Company, the consignee or their agents and it is expressly agreed that the Company shall be deemed to have delivered the Documents in accordance with this contract if it obtains a receipt or signed delivery docket for the Documents from any person at that address.
7.2 If the nominated place of delivery shall be unattended or if delivery cannot otherwise be effected, the Company in its sole discretion may at its option either deposit the Documents at the nominated place or store the Documents at the risk and expense of the Applicant, both of which will be deemed to be delivery of the Documents under this contract.
7.3 Dates specified for completion of the Service are estimates only and the Company shall not be liable for failure to complete the Service on such date or dates.
8.1 You and the Applicant (jointly and severally, if not the same person) agree to continually indemnify, defend and hold the Company and its Representatives harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the Company and/or its Representatives by any third party arising out of your use of this Website and/or your use of the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Company in consequence of your breach of these Terms and Conditions, or from your violation of any applicable law.
9. LAW AND JURISDICTION
Any dispute arising under this contract shall be governed by the laws of the State of Victoria.
10. FORCE MAJEURE
10.1 Where the Company is unable to carry out any obligation under the contract due to any circumstance, matter or thing beyond its reasonable control (“force majeure”) the Company shall be excused from such obligations to the extent of such prevention, restriction or interference so caused;
10.2 The Company shall use all possible diligence and reasonable endeavours to remove the force majeure.
11.1 The failure of the Company to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of the Company in respect of any existing or subsequent breach of these Terms and Conditions.
11.2 If any provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such provision shall be severed and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.